Preview
1 BETH I. GOLUB, ESQ. (SBN 123584)
JIMMY S. LY, ESQ. (SBN 240930)
2 WILSON, ELSER, MOSKOWITZ
EDELMAN & DICKER LLP ELECTRONICALLY
3 525 Market Street, 17th Floor FILED
San Francisco, CA 94105 Superior Court of California,
4 County of San Francisco
Telephone: (415) 433-0990
Facsimile: (415) 434-1370 08/06/2020
5 Email: Beth.Golub@wilsonelser.com Clerk of the Court
BY: EDWARD SANTOS
Jimmy.Ly@wilsonelser.com Deputy Clerk
6
Attorneys for Defendant UBER
7 TECHNOLOGIES, INC.; RASIER, LLC
AND RASIER-CA, LLC;
8
9 SUPERIOR COURT OF THE STATE OF CALIFORNIA
10 COUNTY OF SAN FRANCISCO
11
12 JOSE NAVARRO-DIAZ and LEOPOLDO ) Case No. CGC-20-584950
TORRES-SANCHEZ, ) [Complaint Filed: June 19, 2020]
13 )
Plaintiffs, ) DEFENDANT RASIER-CA, LLC’S
14 ) ANSWER TO COMPLAINT
v. )
15 )
UBER TECHNOLOGIES, INC.; RASIER- ) Judge: Garrett L. Wong
16 CA, LLC; RASIER, LLC, EMBASIORA ) Dept: 610
TEAME, AFEWERKI YAREO; and DOES 1 ) Trial Date: Not Set
17 through 50, inclusive, ) CMC: November 18, 2020
)
18 Defendants. )
)
19
20 COMES NOW, Defendant RASIER-CA, LLC (hereinafter “Defendant”), severing itself
21 from all other co-defendants, and answering the Complaint (hereinafter “Complaint”) on file herein
22 as follows:
23 1. Inasmuch as the Complaint is not verified under the provisions of Section 431.30 of
24 the California Code of Civil Procedure, this answering Defendant denies generally each, every and
25 all of the allegations in said Complaint, and the whole thereof, including denial of all sums and
26 amounts alleged, to be alleged or otherwise.
27 ///
28 ///
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DEFENDANT RASIER-CA, LLC’S ANSWER TO COMPLAINT
2409000v.1
1 SEPARATE AFFIRMATIVE DEFENSES
2 2. This answering Defendant does not, by stating the matters set forth in these defenses,
3 allege or admit that it has the burden of proof and/or persuasion with respect to any of these matters,
4 and does not assume the burden of proof or persuasion as to any matters to which Plaintiff has the
5 burden of proof or persuasion.
6 FIRST AFFIRMATIVE DEFENSE
7 [Apportionment of Fault]
8 3. As and for a first, separate and affirmative defense to the Complaint and to each
9 purported cause of action contained therein, this answering Defendant is informed and believes and
10 based thereon alleges: Defendant denies it was negligent in any fashion with respect to the damages,
11 losses, injuries and debts claimed by the Plaintiff in the Complaint on file herein; however, if this
12 answering Defendant is found to be negligent (which supposition is denied and merely stated for the
13 purpose of this affirmative defense), then this answering Defendant provisionally alleges that
14 Defendant’s negligence is not the sole and proximate cause of the resultant damages, losses and
15 injuries alleged by Plaintiff and that the damages awarded to Plaintiff, if any, be apportioned
16 according to the respective fault of the parties, persons, and entities, or their agents, servants, and
17 employees who contributed to and/or caused said resultant damages as alleged, according to the
18 proof presented at the time of trial. That to assess any greater percentage of fault and damages
19 against this answering Defendant in excess of this answering Defendant’s percentage of fault would
20 be a denial of California equal protection and due process and Federal equal protection and due
21 process, all guaranteed by the respective Constitutions.
22 SECOND AFFIRMATIVE DEFENSE
23 [Comparative Fault]
24 4. As and for a second, separate and affirmative defense to the Complaint and to each
25 purported cause of action contained therein, this answering Defendant is informed and believes and
26 based thereon alleges: That the injuries to the Plaintiff, if any, were sustained in that Plaintiff failed
27 to exercise ordinary and reasonable care or caution concerning the matters alleged in the Complaint;
28 and such negligence on Plaintiff’s part constitutes a bar to any recovery by said Plaintiff, or in the
2
DEFENDANT RASIER-CA, LLC’S ANSWER TO COMPLAINT
2409000v.1
1 alternative, the recovery, if any, by said Plaintiff should be reduced in proportion to the extent such
2 negligence was a cause of Plaintiff’s injuries and damages, if any.
3 THIRD AFFIRMATIVE DEFENSE
4 [Assumption of Risk]
5 5. As and for a third, separate and affirmative defense to the Complaint, and to each
6 purported cause of action contained therein, this answering Defendant is informed and believes and
7 based thereon alleges: Plaintiff knowingly, willingly and voluntarily assumed the risk of all
8 damages, if any.
9 FOURTH AFFIRMATIVE DEFENSE
10 [Equitable Indemnity]
11 6. As and for a fourth, separate and affirmative defense to the Complaint, and to each
12 purported cause of action contained therein, this answering Defendant is informed and believes and
13 based thereon alleges: Any and all events, happenings, injuries and damages set forth in the
14 Complaint, if any, were proximately caused and contributed to by the acts and/or omissions of
15 Plaintiff, and such acts and/or omissions totally bar or reduce any recovery on the part of Plaintiff.
16 FIFTH AFFIRMATIVE DEFENSE
17 [No Duty]
18 7. As and for a fifth, separate and affirmative defense to the Complaint, and to each
19 purported cause of action contained therein, this answering Defendant is informed and believes and
20 based thereon alleges: Any recovery on the Complaint, or any claim for relief averred therein, is
21 barred to the extent this answering Defendant owed no duty to Plaintiff.
22 SIXTH AFFIRMATIVE DEFENSE
23 [No Causation]
24 8. As and for a sixth, separate and affirmative defense to the Complaint, and to each
25 purported cause of action contained therein, this answering Defendant is informed and believes and
26 based thereon alleges: To the extent Plaintiff suffered damages, which Defendant denies, such injury
27 or damage was not proximately caused by any conduct or inaction of this answering Defendant, or
28 was not foreseeable, or both.
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DEFENDANT RASIER-CA, LLC’S ANSWER TO COMPLAINT
2409000v.1
1 SEVENTH AFFIRMATIVE DEFENSE
2 [Alleged Injury or Damage Caused by Others]
3 9. As and for a seventh, separate and affirmative defense to the Complaint, and to each
4 purported cause of action contained therein, this answering Defendant is informed and believes and
5 based thereon alleges: To the extent Plaintiff suffered injury or damage, which Defendant denies,
6 such injury or damage was caused by the action or conduct of others, not this answering Defendant.
7 EIGHTH AFFIRMATIVE DEFENSE
8 [Existing Prior Injury]
9 10. As and for an eighth, separate and affirmative defense to the Complaint, and to each
10 purported cause of action contained therein, this answering Defendant is informed and believes and
11 based thereon alleges: To the extent Plaintiff suffered injury or damage, which Defendant denies,
12 such injury or damage was sustained prior to the incident alleged by the Plaintiff in the Complaint
13 on file herein.
14 NINTH AFFIRMATIVE DEFENSE
15 [Uncertainty]
16 11. As and for a ninth, separate and affirmative defense to the Complaint, and to each
17 purported cause of action contained therein, this answering Defendant is informed and believes and
18 based thereon alleges: Plaintiff’s Complaint and the allegations thereof are uncertain, vague and
19 ambiguous.
20 TENTH AFFIRMATIVE DEFENSE
21 [Limitation on Damages]
22 12. As and for a tenth, separate and affirmative defense to the Complaint, and to each
23 purported cause of action contained therein, this answering Defendant is informed and believes and
24 based thereon alleges: Plaintiff’s Complaint seeks an award of improper damages, including but not
25 limited to medical damages beyond those permitted by law.
26 ///
27 ///
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DEFENDANT RASIER-CA, LLC’S ANSWER TO COMPLAINT
2409000v.1
1 ELEVENTH AFFIRMATIVE DEFENSE
2 [Offset]
3 13. As and for an eleventh, separate and affirmative defense to the Complaint, and to
4 each purported cause of action contained therein, this answering Defendant is informed and believes
5 and based thereon alleges: That the costs incurred, or paid by the Plaintiff, if any, for repair of
6 property damage, medical care, dental care, custodial care or rehabilitation services, loss of earning
7 or other economic loss, in the past or future, were or will, with reasonable certainty be replaced or
8 indemnified, in whole or in part, from one or more collateral source, including by or through
9 insurance available to the Plaintiff under the terms of the Patient Protection and Affordable Care
10 Act, and as such the Defendant is entitled to have any award reduced in the amount of such payments.
11 TWELFTH AFFIRMATIVE DEFENSE
12 [Howell v. Hamilton Meats]
13 14. As and for a twelfth, separate and affirmative defense to the Complaint and to each
14 purported cause of action contained therein, this answering Defendant is informed and believes and
15 based thereon alleges: Plaintiff’s recovery for past medical expenses or other economic loss or
16 benefit, if any, is limited to the lesser of the amount paid or the reasonable value of those services
17 or benefits.
18 THIRTEENTH AFFIRMATIVE DEFENSE
19 [Patient Protection and Affordable Care Act]
20 15. As and for a thirteenth, separate and affirmative defense to the Complaint and to each
21 purported cause of action contained therein, this answering Defendant is informed and believes and
22 based thereon alleges: Plaintiff is excluded from recovering any amounts which have been, or will,
23 indemnify Plaintiff, for any past or future claimed medical expenses, health care, life care, or other
24 economic loss or benefit that is offered, or provided under or in connection with the Patient
25 Protection and Affordable Care Act.
26 ///
27 ///
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DEFENDANT RASIER-CA, LLC’S ANSWER TO COMPLAINT
2409000v.1
1 FOURTEENTH AFFIRMATIVE DEFENSE
2 [Failure to Obtain Health Insurance]
3 16. As and for a fourteenth, separate and affirmative defense to the Complaint and to
4 each purported cause of action contained therein, this answering Defendant is informed and believes
5 and based thereon alleges: In the event Plaintiff has failed to obtain health insurance coverage
6 available to her, which he is eligible to obtain under the Patient Protection and Affordable Care Act,
7 Plaintiff has failed to mitigate his damages and cannot recover for such failure.
8 FIFTEENTH AFFIRMATIVE DEFENSE
9 [Failure to Utilize Health Insurance Benefits]
10 17. As and for a fifteenth, separate and affirmative defense to the Complaint and to each
11 purported cause of action contained therein, this answering Defendant is informed and believes and
12 based thereon alleges: To the extent Plaintiff failed to take reasonable steps to avail herself of the
13 resources, service benefits, and coverage available to her under the Patient Protection and Affordable
14 Care Act, Plaintiff has failed to mitigate her damages and cannot recover for such failure.
15 SIXTEENTH AFFIRMATIVE DEFENSE
16 [Affordable Care Act and Future Damages]
17 18. As and for a sixteenth, separate and affirmative defense to the Complaint and to each
18 purported cause of action contained therein, this answering Defendant is informed and believes and
19 based thereon alleges: Plaintiff will be limited to the reasonable value, if any, of future medical
20 services available to her under the Affordable Care Act.
21 SEVENTEENTH AFFIRMATIVE DEFENSE
22 [No Injury or Damage]
23 19. As and for a seventeenth, separate and affirmative defense to the Complaint, and to
24 each purported cause of action contained therein, this answering Defendant is informed and believes
25 and based thereon alleges: This answering Defendant denies Plaintiff suffered any injury or damage
26 whatsoever, and further denies it is liable to Plaintiff for any injury or damage claimed or for any
27 injury or damage whatsoever.
28 ///
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DEFENDANT RASIER-CA, LLC’S ANSWER TO COMPLAINT
2409000v.1
1 EIGHTEENTH AFFIRMATIVE DEFENSE
2 [Vicarious Liability]
3 20. As and for an eighteenth, separate and affirmative defense to the Complaint and to
4 each purported cause of action contained therein, this answering Defendant is informed and believes
5 and based thereon alleges: This answering Defendant denies Plaintiff suffered any injury or damage
6 whatsoever, and further denies it is vicariously liable for the acts of other parties.
7 NINETEENTH AFFIRMATIVE DEFENSE
8 [Fails to State Facts – General]
9 21. As and for a nineteenth, separate and affirmative defense to the Complaint and to
10 each purported cause of action contained therein, this answering Defendant is informed and believes
11 and based thereon alleges: That the Complaint, and each purported cause of action contained therein,
12 fails to state facts sufficient to constitute a cause of action against this answering Defendant.
13 TWENTIETH AFFIRMATIVE DEFENSE
14 [Statute of Limitations]
15 22. As and for a twentieth, separate and affirmative defense to the Complaint and to each
16 purported cause of action contained therein, this answering Defendant is informed and believes and
17 based thereon alleges: Each said cause of action is barred by the applicable statute of limitations,
18 including but not limited to, California Code of Civil Procedure Sections 335.1, 337, 337.1, 337.15,
19 338, 339, 340 and/or 343.
20 TWENTY-FIRST AFFIRMATIVE DEFENSE
21 [Failure to Mitigate Loss]
22 23. As and for a twenty-first, separate and affirmative defense to the Complaint, and to
23 each purported cause of action contained therein, this answering Defendant is informed and believes
24 and based thereon alleges: That if Plaintiff suffered any damage as a result of the allegations set
25 forth in the Complaint, Plaintiff is not entitled to recover from this answering Defendant any sum of
26 damages due to Plaintiff’s failure to take reasonable efforts to mitigate the damages said Plaintiff
27 allegedly incurred.
28 ///
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DEFENDANT RASIER-CA, LLC’S ANSWER TO COMPLAINT
2409000v.1
1 TWENTY-SECOND AFFIRMATIVE DEFENSE
2 [Estoppel]
3 24. As and for a twenty-second, separate and affirmative defense to the Complaint, and
4 to each purported cause of action contained therein, this answering Defendant is informed and
5 believes and based thereon alleges: That each and every cause of action or purported cause of action
6 contained in the Complaint is barred by the Doctrine of Estoppel.
7 TWENTY-THIRD AFFIRMATIVE DEFENSE
8 [Waiver]
9 25. As and for a twenty-third, separate and affirmative defense to the Complaint, and to
10 each purported cause of action contained therein, this answering Defendant is informed and believes
11 and based thereon alleges: That each and every cause of action or purported cause of action
12 contained in the Complaint is barred by the Doctrine of Waiver.
13 TWENTY-FOURTH AFFIRMATIVE DEFENSE
14 [Laches]
15 26. As and for a twenty-fourth, separate and affirmative defense to the Complaint, and to
16 each purported cause of action contained therein, this answering Defendant is informed and believes
17 and based thereon alleges: That each and every cause of action or purported cause of action
18 contained in the Complaint is barred by the Doctrine of Laches.
19 TWENTY-FIFTH AFFIRMATIVE DEFENSE
20 [Unclean Hands]
21 27. As and for a twenty-fifth, separate and affirmative defense to the Complaint, and to
22 each purported cause of action contained therein, this answering Defendant is informed and believes
23 and based thereon alleges: That each and every cause of action or purported cause of action
24 contained in the Complaint is barred by the Doctrine of Unclean Hands.
25 TWENTY-SIXTH AFFIRMATIVE DEFENSE
26 [Collateral Estoppel]
27 28. As and for a twenty-sixth, separate and affirmative defense to the Complaint, and to
28 each purported cause of action contained therein, this answering Defendant is informed and believes
8
DEFENDANT RASIER-CA, LLC’S ANSWER TO COMPLAINT
2409000v.1
1 and based thereon alleges: That each and every cause of action or purported cause of action
2 contained in the Complaint is barred by the Doctrine of Collateral Estoppel.
3 TWENTY-SEVENTH AFFIRMATIVE DEFENSE
4 [Voluntary Conduct]
5 29. As and for a twenty-seventh, separate and affirmative defense to the Complaint, and
6 to each purported cause of action contained therein, this answering Defendant is informed and
7 believes and based thereon alleges: That Plaintiff has engaged in conduct with respect to the
8 activities and/or property which are the subject of the Complaint, and by reason of said activities
9 and conduct, is estopped from asserting any claims or damages or seeking any other relief against
10 this answering Defendant.
11 TWENTY-EIGHTH AFFIRMATIVE DEFENSE
12 [Damages Uncertain]
13 30. As and for a twenty-eighth, separate and affirmative defense to the Complaint, and
14 to each purported cause of action contained therein, this answering Defendant is informed and
15 believes and based thereon alleges: That Plaintiff’s damages, if any, are speculative, uncertain and
16 not capable of being determined by a trier of fact.
17 TWENTY-NINTH AFFIRMATIVE DEFENSE
18 [Intervening Superseding Causes]
19 31. As and for a twenty-ninth, separate and affirmative defense to the Complaint, and to
20 each purported cause of action contained therein, this answering Defendant is informed and believes
21 and based thereon alleges: The damages of which Plaintiff complains were proximately caused or
22 contributed to by the acts of other defendants, persons and/or other entities. Such acts were an
23 intervening, supervening and superseding cause of the injuries and damages, if any, of which the
24 Plaintiff complains, thus barring Plaintiff from any recovery against this answering Defendant.
25 THIRTIETH AFFIRMATIVE DEFENSE
26 [No Vicarious or Agency Liability]
27 32. As and for a thirtieth, separate and affirmative defense to the Complaint, Defendant
28 alleges that at no time or place set forth in the Complaint did any other defendant or third person
9
DEFENDANT RASIER-CA, LLC’S ANSWER TO COMPLAINT
2409000v.1
1 alleged to be at fault operate as the agent or employee of Defendant, such that Defendant can be held
2 vicariously liable for their acts. Should any other defendant or third party be deemed to have any
3 affiliation with this Defendant, then such other defendant or third party was independently
4 responsible for their own means and methods. Accordingly, the doctrines of respondeat superior
5 and agency are inapplicable and Uber Technologies, Inc. has no vicarious liability for acts or
6 omissions by said other defendants or third parties.
7 THIRTY-FIRST AFFIRMATIVE DEFENSE
8 [Independent Contractor]
9 33. As and for a thirty-first, separate and affirmative defense to the Complaint, and as to
10 each and every cause of action contained therein, this answering Defendant alleges that the
11 Complaint and each cause of action set forth therein are barred, in whole or in part, under the
12 independent contractor defense, as co-Defendant Driver was an independent contractor responsible
13 for his own means and methods, making the doctrine of respondeat superior inapplicable.
14 THIRTY-SECOND AFFIRMATIVE DEFENSE
15 [Failure to State Cause of Action]
16 34. As and for a thirty-second, separate and affirmative defense to the Complaint, a
17 separate and distinct affirmative defense, this answering Defendant is informed and believes and
18 thereon alleges that the Complaint, and each and every cause of action therein alleged against
19 Defendant fails to set forth facts sufficient to constitute a cause of action against this answering
20 Defendant.
21 THIRTY-THIRD AFFIRMATIVE DEFENSE
22 [Joint and Several Liability]
23 35. As and for thirty-third, separate and affirmative defense, this answering Defendant
24 alleges that the liability of this answering Defendant for the non-economic damages claimed or
25 proven by Plaintiff shall be and is limited by California Civil Code § 1431.2.
26 ///
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DEFENDANT RASIER-CA, LLC’S ANSWER TO COMPLAINT
2409000v.1
1 THIRTY-FOURTH AFFIRMATIVE DEFENSE
2 [Not a Common Carrier]
3 36. As and for a thirty-fourth separate affirmative defense to the Complaint, and to each
4 purported cause of action contained therein, this answering Defendant is informed and believes, and
5 based thereon alleges: Defendant is a technology company and is not a transportation company or a
6 common carrier. Therefore, any and all claims asserted by Plaintiff under a common carrier theory
7 are barred.
8 THIRTY-FIFTH AFFIRMATIVE DEFENSE
9 [Consent]
10 37. As and for a thirty-fifth, separate and affirmative defense to the Complaint, and to
11 each purported cause of action contained therein, this answering Defendant is informed and believes
12 and based thereon alleges: That each and every cause of action or purported cause of action
13 contained in the Complaint is barred due to the consent by Plaintiff to all actions alleged therein.
14 THIRTY-SIXTH AFFIRMATIVE DEFENSE
15 [Contractual Indemnity]
16 38. As and for a thirty-sixth, separate and affirmative defense to the Complaint,
17 Defendant is informed and believes, and thereon alleges, that Co-Defendant, driver, is contractually
18 obligated to defend, indemnify and hold Defendant harmless for all claims asserted by Plaintiff.
19 THIRTY-SEVENTH AFFIRMATIVE DEFENSE
20 [Arbitration Agreement]
21 39. As and for a thirty-seventh, separate and affirmative defense, this answering
22 Defendant is informed and believes and thereon alleges this dispute is subject to an arbitration
23 agreement between Plaintiff and this answering Defendant, such that this matter is properly brought
24 before a qualified arbitrator rather than in the instant court.
25 THIRTY-EIGHTH AFFIRMATIVE DEFENSE
26 [No Seatbelt Usage]
27 40. As and for a thirty-eighth, separate and affirmative defense to the Complaint, and to
28 each purported cause of action therein, this answering Defendant is informed and believes, and
11
DEFENDANT RASIER-CA, LLC’S ANSWER TO COMPLAINT
2409000v.1
1 thereon alleges: Plaintiff’s recovery is barred or proportionately reduced due to her failure to wear
2 the available restraining device or to wear it properly.
3 THIRTY-NINTH AFFIRMATIVE DEFENSE
4 [Reserved Defenses]
5 41. As and for a thirty-ninth, separate and affirmative defense to the Complaint, and to
6 each purported cause of action contained therein, this answering Defendant is informed and believes
7 and based thereon alleges: That this answering Defendant presently has insufficient knowledge or
8 insufficient information upon which to form a belief as to whether it may have additional, yet
9 unasserted, affirmative defenses. Defendant therefore reserves the right to assert additional
10 affirmative defenses in the event discovery indicates it would be appropriate.
11 WHEREFORE, this answering Defendant prays for judgment as follows:
12 1. That Plaintiff takes nothing by virtue of Plaintiff’s Complaint;
13 2. For costs of suit incurred herein; and
14 3. For such other and further relief as the court may deem just and proper.
15
16 Dated: August 6, 2020 WILSON, ELSER, MOSKOWITZ
EDELMAN & DICKER LLP
17
18
By: ________________________________
19 Beth I. Golub, Esq.
Jimmy S. Ly, Esq.
20 Attorneys for Defendant
RASIER-CA, LLC
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DEFENDANT RASIER-CA, LLC’S ANSWER TO COMPLAINT
2409000v.1
PROOF OF SERVICE
1 Navarro-Diaz, et al v. Uber Technologies, Inc., et al.
2 At the time of service I was over 18 years of age and not a party to this action. I am
employed by WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP. My business
3 address is 525 Market Street, 17th Floor, San Francisco, California 94105. My business telephone
number is (415) 433-0990; my business fax number is (415) 434-1370. On this date I served the
4 following document(s):
5 DEFENDANT RASIER-CA, LLC’S ANSWER TO COMPLAINT
6 on the person or persons listed below, through their respective attorneys of record in this action, by
the following means of service:
7
: BY MAIL - As follows: I am “readily familiar” with the firm’s practice of collection and
8 processing correspondence for mailing. Under that practice it would be deposited with the
U.S. Postal Service on that same day with postage thereon fully prepaid at San Francisco,
9 California in the ordinary course of business. The envelope was sealed and placed for
collection and mailing on this date following our ordinary practices. I am aware that on
10 motion of the party served, service is presumed invalid if postal cancellation date or postage
meter date is more than one day after date of deposit for mailing in affidavit.
11
: EMAIL TRANSMISSION - The above-referenced document(s) are only being served by
12 email due to the ongoing shelter-in-place and travel restrictions relating to the coronavirus
(COVID-19). We will of course extend the same courtesy to your office. Please immediately
13 advise of any objections, and we will serve hard copies upon request. Our attorneys and staff
are reachable through their regular phone numbers and email addresses, and the office
14 remains open on a remote basis during regular business hours.
: BY ELECTRONIC TRANSMISSION – By causing the document(s) listed above to be
15 electronically filed and served on designated recipients through the Electronic Case Filing
system for the above-entitled case. The file transmission was reported as successful and a
16 copy of the Electronic Case Filing Receipt will be maintained with the original document(s)
in our office.
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Executed on August 6, 2020 at San Francisco, California. I declare under penalty of perjury
19 under the laws of the State of California, that the above is true and correct.
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22 Michelle Bryant
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DEFENDANT RASIER-CA, LLC’S ANSWER TO COMPLAINT
2409000v.1
SERVICE LIST
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Greg Schaffer, Esq.
2 The Swanson Law Group
1798 Technology Drive, Suite 202
3 San Jose, CA 95110
Tel.: 408-501-7800
4 Fax: 408-501-7810
greg@theswansonlawgroup.com
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Counsel for Plaintiffs
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DEFENDANT RASIER-CA, LLC’S ANSWER TO COMPLAINT
2409000v.1
Preview
1 BETH I. GOLUB, ESQ. (SBN 123584) JIMMY S. LY, ESQ. (SBN 240930) 2 WILSON, ELSER, MOSKOWITZ EDELMAN & DICKER LLP ELECTRONICALLY 3 525 Market Street, 17th Floor FILED San Francisco, CA 94105 Superior Court of California, 4 County of San Francisco Telephone: (415) 433-0990 Facsimile: (415) 434-1370 08/06/2020 5 Email: Beth.Golub@wilsonelser.com Clerk of the Court BY: EDWARD SANTOS Jimmy.Ly@wilsonelser.com Deputy Clerk 6 Attorneys for Defendant UBER 7 TECHNOLOGIES, INC.; RASIER, LLC AND RASIER-CA, LLC; 8 9 SUPERIOR COURT OF THE STATE OF CALIFORNIA 10 COUNTY OF SAN FRANCISCO 11 12 JOSE NAVARRO-DIAZ and LEOPOLDO ) Case No. CGC-20-584950 TORRES-SANCHEZ, ) [Complaint Filed: June 19, 2020] 13 ) Plaintiffs, ) DEFENDANT RASIER-CA, LLC’S 14 ) ANSWER TO COMPLAINT v. ) 15 ) UBER TECHNOLOGIES, INC.; RASIER- ) Judge: Garrett L. Wong 16 CA, LLC; RASIER, LLC, EMBASIORA ) Dept: 610 TEAME, AFEWERKI YAREO; and DOES 1 ) Trial Date: Not Set 17 through 50, inclusive, ) CMC: November 18, 2020 ) 18 Defendants. ) ) 19 20 COMES NOW, Defendant RASIER-CA, LLC (hereinafter “Defendant”), severing itself 21 from all other co-defendants, and answering the Complaint (hereinafter “Complaint”) on file herein 22 as follows: 23 1. Inasmuch as the Complaint is not verified under the provisions of Section 431.30 of 24 the California Code of Civil Procedure, this answering Defendant denies generally each, every and 25 all of the allegations in said Complaint, and the whole thereof, including denial of all sums and 26 amounts alleged, to be alleged or otherwise. 27 /// 28 /// 1 DEFENDANT RASIER-CA, LLC’S ANSWER TO COMPLAINT 2409000v.1 1 SEPARATE AFFIRMATIVE DEFENSES 2 2. This answering Defendant does not, by stating the matters set forth in these defenses, 3 allege or admit that it has the burden of proof and/or persuasion with respect to any of these matters, 4 and does not assume the burden of proof or persuasion as to any matters to which Plaintiff has the 5 burden of proof or persuasion. 6 FIRST AFFIRMATIVE DEFENSE 7 [Apportionment of Fault] 8 3. As and for a first, separate and affirmative defense to the Complaint and to each 9 purported cause of action contained therein, this answering Defendant is informed and believes and 10 based thereon alleges: Defendant denies it was negligent in any fashion with respect to the damages, 11 losses, injuries and debts claimed by the Plaintiff in the Complaint on file herein; however, if this 12 answering Defendant is found to be negligent (which supposition is denied and merely stated for the 13 purpose of this affirmative defense), then this answering Defendant provisionally alleges that 14 Defendant’s negligence is not the sole and proximate cause of the resultant damages, losses and 15 injuries alleged by Plaintiff and that the damages awarded to Plaintiff, if any, be apportioned 16 according to the respective fault of the parties, persons, and entities, or their agents, servants, and 17 employees who contributed to and/or caused said resultant damages as alleged, according to the 18 proof presented at the time of trial. That to assess any greater percentage of fault and damages 19 against this answering Defendant in excess of this answering Defendant’s percentage of fault would 20 be a denial of California equal protection and due process and Federal equal protection and due 21 process, all guaranteed by the respective Constitutions. 22 SECOND AFFIRMATIVE DEFENSE 23 [Comparative Fault] 24 4. As and for a second, separate and affirmative defense to the Complaint and to each 25 purported cause of action contained therein, this answering Defendant is informed and believes and 26 based thereon alleges: That the injuries to the Plaintiff, if any, were sustained in that Plaintiff failed 27 to exercise ordinary and reasonable care or caution concerning the matters alleged in the Complaint; 28 and such negligence on Plaintiff’s part constitutes a bar to any recovery by said Plaintiff, or in the 2 DEFENDANT RASIER-CA, LLC’S ANSWER TO COMPLAINT 2409000v.1 1 alternative, the recovery, if any, by said Plaintiff should be reduced in proportion to the extent such 2 negligence was a cause of Plaintiff’s injuries and damages, if any. 3 THIRD AFFIRMATIVE DEFENSE 4 [Assumption of Risk] 5 5. As and for a third, separate and affirmative defense to the Complaint, and to each 6 purported cause of action contained therein, this answering Defendant is informed and believes and 7 based thereon alleges: Plaintiff knowingly, willingly and voluntarily assumed the risk of all 8 damages, if any. 9 FOURTH AFFIRMATIVE DEFENSE 10 [Equitable Indemnity] 11 6. As and for a fourth, separate and affirmative defense to the Complaint, and to each 12 purported cause of action contained therein, this answering Defendant is informed and believes and 13 based thereon alleges: Any and all events, happenings, injuries and damages set forth in the 14 Complaint, if any, were proximately caused and contributed to by the acts and/or omissions of 15 Plaintiff, and such acts and/or omissions totally bar or reduce any recovery on the part of Plaintiff. 16 FIFTH AFFIRMATIVE DEFENSE 17 [No Duty] 18 7. As and for a fifth, separate and affirmative defense to the Complaint, and to each 19 purported cause of action contained therein, this answering Defendant is informed and believes and 20 based thereon alleges: Any recovery on the Complaint, or any claim for relief averred therein, is 21 barred to the extent this answering Defendant owed no duty to Plaintiff. 22 SIXTH AFFIRMATIVE DEFENSE 23 [No Causation] 24 8. As and for a sixth, separate and affirmative defense to the Complaint, and to each 25 purported cause of action contained therein, this answering Defendant is informed and believes and 26 based thereon alleges: To the extent Plaintiff suffered damages, which Defendant denies, such injury 27 or damage was not proximately caused by any conduct or inaction of this answering Defendant, or 28 was not foreseeable, or both. 3 DEFENDANT RASIER-CA, LLC’S ANSWER TO COMPLAINT 2409000v.1 1 SEVENTH AFFIRMATIVE DEFENSE 2 [Alleged Injury or Damage Caused by Others] 3 9. As and for a seventh, separate and affirmative defense to the Complaint, and to each 4 purported cause of action contained therein, this answering Defendant is informed and believes and 5 based thereon alleges: To the extent Plaintiff suffered injury or damage, which Defendant denies, 6 such injury or damage was caused by the action or conduct of others, not this answering Defendant. 7 EIGHTH AFFIRMATIVE DEFENSE 8 [Existing Prior Injury] 9 10. As and for an eighth, separate and affirmative defense to the Complaint, and to each 10 purported cause of action contained therein, this answering Defendant is informed and believes and 11 based thereon alleges: To the extent Plaintiff suffered injury or damage, which Defendant denies, 12 such injury or damage was sustained prior to the incident alleged by the Plaintiff in the Complaint 13 on file herein. 14 NINTH AFFIRMATIVE DEFENSE 15 [Uncertainty] 16 11. As and for a ninth, separate and affirmative defense to the Complaint, and to each 17 purported cause of action contained therein, this answering Defendant is informed and believes and 18 based thereon alleges: Plaintiff’s Complaint and the allegations thereof are uncertain, vague and 19 ambiguous. 20 TENTH AFFIRMATIVE DEFENSE 21 [Limitation on Damages] 22 12. As and for a tenth, separate and affirmative defense to the Complaint, and to each 23 purported cause of action contained therein, this answering Defendant is informed and believes and 24 based thereon alleges: Plaintiff’s Complaint seeks an award of improper damages, including but not 25 limited to medical damages beyond those permitted by law. 26 /// 27 /// 28 /// 4 DEFENDANT RASIER-CA, LLC’S ANSWER TO COMPLAINT 2409000v.1 1 ELEVENTH AFFIRMATIVE DEFENSE 2 [Offset] 3 13. As and for an eleventh, separate and affirmative defense to the Complaint, and to 4 each purported cause of action contained therein, this answering Defendant is informed and believes 5 and based thereon alleges: That the costs incurred, or paid by the Plaintiff, if any, for repair of 6 property damage, medical care, dental care, custodial care or rehabilitation services, loss of earning 7 or other economic loss, in the past or future, were or will, with reasonable certainty be replaced or 8 indemnified, in whole or in part, from one or more collateral source, including by or through 9 insurance available to the Plaintiff under the terms of the Patient Protection and Affordable Care 10 Act, and as such the Defendant is entitled to have any award reduced in the amount of such payments. 11 TWELFTH AFFIRMATIVE DEFENSE 12 [Howell v. Hamilton Meats] 13 14. As and for a twelfth, separate and affirmative defense to the Complaint and to each 14 purported cause of action contained therein, this answering Defendant is informed and believes and 15 based thereon alleges: Plaintiff’s recovery for past medical expenses or other economic loss or 16 benefit, if any, is limited to the lesser of the amount paid or the reasonable value of those services 17 or benefits. 18 THIRTEENTH AFFIRMATIVE DEFENSE 19 [Patient Protection and Affordable Care Act] 20 15. As and for a thirteenth, separate and affirmative defense to the Complaint and to each 21 purported cause of action contained therein, this answering Defendant is informed and believes and 22 based thereon alleges: Plaintiff is excluded from recovering any amounts which have been, or will, 23 indemnify Plaintiff, for any past or future claimed medical expenses, health care, life care, or other 24 economic loss or benefit that is offered, or provided under or in connection with the Patient 25 Protection and Affordable Care Act. 26 /// 27 /// 28 /// 5 DEFENDANT RASIER-CA, LLC’S ANSWER TO COMPLAINT 2409000v.1 1 FOURTEENTH AFFIRMATIVE DEFENSE 2 [Failure to Obtain Health Insurance] 3 16. As and for a fourteenth, separate and affirmative defense to the Complaint and to 4 each purported cause of action contained therein, this answering Defendant is informed and believes 5 and based thereon alleges: In the event Plaintiff has failed to obtain health insurance coverage 6 available to her, which he is eligible to obtain under the Patient Protection and Affordable Care Act, 7 Plaintiff has failed to mitigate his damages and cannot recover for such failure. 8 FIFTEENTH AFFIRMATIVE DEFENSE 9 [Failure to Utilize Health Insurance Benefits] 10 17. As and for a fifteenth, separate and affirmative defense to the Complaint and to each 11 purported cause of action contained therein, this answering Defendant is informed and believes and 12 based thereon alleges: To the extent Plaintiff failed to take reasonable steps to avail herself of the 13 resources, service benefits, and coverage available to her under the Patient Protection and Affordable 14 Care Act, Plaintiff has failed to mitigate her damages and cannot recover for such failure. 15 SIXTEENTH AFFIRMATIVE DEFENSE 16 [Affordable Care Act and Future Damages] 17 18. As and for a sixteenth, separate and affirmative defense to the Complaint and to each 18 purported cause of action contained therein, this answering Defendant is informed and believes and 19 based thereon alleges: Plaintiff will be limited to the reasonable value, if any, of future medical 20 services available to her under the Affordable Care Act. 21 SEVENTEENTH AFFIRMATIVE DEFENSE 22 [No Injury or Damage] 23 19. As and for a seventeenth, separate and affirmative defense to the Complaint, and to 24 each purported cause of action contained therein, this answering Defendant is informed and believes 25 and based thereon alleges: This answering Defendant denies Plaintiff suffered any injury or damage 26 whatsoever, and further denies it is liable to Plaintiff for any injury or damage claimed or for any 27 injury or damage whatsoever. 28 /// 6 DEFENDANT RASIER-CA, LLC’S ANSWER TO COMPLAINT 2409000v.1 1 EIGHTEENTH AFFIRMATIVE DEFENSE 2 [Vicarious Liability] 3 20. As and for an eighteenth, separate and affirmative defense to the Complaint and to 4 each purported cause of action contained therein, this answering Defendant is informed and believes 5 and based thereon alleges: This answering Defendant denies Plaintiff suffered any injury or damage 6 whatsoever, and further denies it is vicariously liable for the acts of other parties. 7 NINETEENTH AFFIRMATIVE DEFENSE 8 [Fails to State Facts – General] 9 21. As and for a nineteenth, separate and affirmative defense to the Complaint and to 10 each purported cause of action contained therein, this answering Defendant is informed and believes 11 and based thereon alleges: That the Complaint, and each purported cause of action contained therein, 12 fails to state facts sufficient to constitute a cause of action against this answering Defendant. 13 TWENTIETH AFFIRMATIVE DEFENSE 14 [Statute of Limitations] 15 22. As and for a twentieth, separate and affirmative defense to the Complaint and to each 16 purported cause of action contained therein, this answering Defendant is informed and believes and 17 based thereon alleges: Each said cause of action is barred by the applicable statute of limitations, 18 including but not limited to, California Code of Civil Procedure Sections 335.1, 337, 337.1, 337.15, 19 338, 339, 340 and/or 343. 20 TWENTY-FIRST AFFIRMATIVE DEFENSE 21 [Failure to Mitigate Loss] 22 23. As and for a twenty-first, separate and affirmative defense to the Complaint, and to 23 each purported cause of action contained therein, this answering Defendant is informed and believes 24 and based thereon alleges: That if Plaintiff suffered any damage as a result of the allegations set 25 forth in the Complaint, Plaintiff is not entitled to recover from this answering Defendant any sum of 26 damages due to Plaintiff’s failure to take reasonable efforts to mitigate the damages said Plaintiff 27 allegedly incurred. 28 /// 7 DEFENDANT RASIER-CA, LLC’S ANSWER TO COMPLAINT 2409000v.1 1 TWENTY-SECOND AFFIRMATIVE DEFENSE 2 [Estoppel] 3 24. As and for a twenty-second, separate and affirmative defense to the Complaint, and 4 to each purported cause of action contained therein, this answering Defendant is informed and 5 believes and based thereon alleges: That each and every cause of action or purported cause of action 6 contained in the Complaint is barred by the Doctrine of Estoppel. 7 TWENTY-THIRD AFFIRMATIVE DEFENSE 8 [Waiver] 9 25. As and for a twenty-third, separate and affirmative defense to the Complaint, and to 10 each purported cause of action contained therein, this answering Defendant is informed and believes 11 and based thereon alleges: That each and every cause of action or purported cause of action 12 contained in the Complaint is barred by the Doctrine of Waiver. 13 TWENTY-FOURTH AFFIRMATIVE DEFENSE 14 [Laches] 15 26. As and for a twenty-fourth, separate and affirmative defense to the Complaint, and to 16 each purported cause of action contained therein, this answering Defendant is informed and believes 17 and based thereon alleges: That each and every cause of action or purported cause of action 18 contained in the Complaint is barred by the Doctrine of Laches. 19 TWENTY-FIFTH AFFIRMATIVE DEFENSE 20 [Unclean Hands] 21 27. As and for a twenty-fifth, separate and affirmative defense to the Complaint, and to 22 each purported cause of action contained therein, this answering Defendant is informed and believes 23 and based thereon alleges: That each and every cause of action or purported cause of action 24 contained in the Complaint is barred by the Doctrine of Unclean Hands. 25 TWENTY-SIXTH AFFIRMATIVE DEFENSE 26 [Collateral Estoppel] 27 28. As and for a twenty-sixth, separate and affirmative defense to the Complaint, and to 28 each purported cause of action contained therein, this answering Defendant is informed and believes 8 DEFENDANT RASIER-CA, LLC’S ANSWER TO COMPLAINT 2409000v.1 1 and based thereon alleges: That each and every cause of action or purported cause of action 2 contained in the Complaint is barred by the Doctrine of Collateral Estoppel. 3 TWENTY-SEVENTH AFFIRMATIVE DEFENSE 4 [Voluntary Conduct] 5 29. As and for a twenty-seventh, separate and affirmative defense to the Complaint, and 6 to each purported cause of action contained therein, this answering Defendant is informed and 7 believes and based thereon alleges: That Plaintiff has engaged in conduct with respect to the 8 activities and/or property which are the subject of the Complaint, and by reason of said activities 9 and conduct, is estopped from asserting any claims or damages or seeking any other relief against 10 this answering Defendant. 11 TWENTY-EIGHTH AFFIRMATIVE DEFENSE 12 [Damages Uncertain] 13 30. As and for a twenty-eighth, separate and affirmative defense to the Complaint, and 14 to each purported cause of action contained therein, this answering Defendant is informed and 15 believes and based thereon alleges: That Plaintiff’s damages, if any, are speculative, uncertain and 16 not capable of being determined by a trier of fact. 17 TWENTY-NINTH AFFIRMATIVE DEFENSE 18 [Intervening Superseding Causes] 19 31. As and for a twenty-ninth, separate and affirmative defense to the Complaint, and to 20 each purported cause of action contained therein, this answering Defendant is informed and believes 21 and based thereon alleges: The damages of which Plaintiff complains were proximately caused or 22 contributed to by the acts of other defendants, persons and/or other entities. Such acts were an 23 intervening, supervening and superseding cause of the injuries and damages, if any, of which the 24 Plaintiff complains, thus barring Plaintiff from any recovery against this answering Defendant. 25 THIRTIETH AFFIRMATIVE DEFENSE 26 [No Vicarious or Agency Liability] 27 32. As and for a thirtieth, separate and affirmative defense to the Complaint, Defendant 28 alleges that at no time or place set forth in the Complaint did any other defendant or third person 9 DEFENDANT RASIER-CA, LLC’S ANSWER TO COMPLAINT 2409000v.1 1 alleged to be at fault operate as the agent or employee of Defendant, such that Defendant can be held 2 vicariously liable for their acts. Should any other defendant or third party be deemed to have any 3 affiliation with this Defendant, then such other defendant or third party was independently 4 responsible for their own means and methods. Accordingly, the doctrines of respondeat superior 5 and agency are inapplicable and Uber Technologies, Inc. has no vicarious liability for acts or 6 omissions by said other defendants or third parties. 7 THIRTY-FIRST AFFIRMATIVE DEFENSE 8 [Independent Contractor] 9 33. As and for a thirty-first, separate and affirmative defense to the Complaint, and as to 10 each and every cause of action contained therein, this answering Defendant alleges that the 11 Complaint and each cause of action set forth therein are barred, in whole or in part, under the 12 independent contractor defense, as co-Defendant Driver was an independent contractor responsible 13 for his own means and methods, making the doctrine of respondeat superior inapplicable. 14 THIRTY-SECOND AFFIRMATIVE DEFENSE 15 [Failure to State Cause of Action] 16 34. As and for a thirty-second, separate and affirmative defense to the Complaint, a 17 separate and distinct affirmative defense, this answering Defendant is informed and believes and 18 thereon alleges that the Complaint, and each and every cause of action therein alleged against 19 Defendant fails to set forth facts sufficient to constitute a cause of action against this answering 20 Defendant. 21 THIRTY-THIRD AFFIRMATIVE DEFENSE 22 [Joint and Several Liability] 23 35. As and for thirty-third, separate and affirmative defense, this answering Defendant 24 alleges that the liability of this answering Defendant for the non-economic damages claimed or 25 proven by Plaintiff shall be and is limited by California Civil Code § 1431.2. 26 /// 27 /// 28 /// 10 DEFENDANT RASIER-CA, LLC’S ANSWER TO COMPLAINT 2409000v.1 1 THIRTY-FOURTH AFFIRMATIVE DEFENSE 2 [Not a Common Carrier] 3 36. As and for a thirty-fourth separate affirmative defense to the Complaint, and to each 4 purported cause of action contained therein, this answering Defendant is informed and believes, and 5 based thereon alleges: Defendant is a technology company and is not a transportation company or a 6 common carrier. Therefore, any and all claims asserted by Plaintiff under a common carrier theory 7 are barred. 8 THIRTY-FIFTH AFFIRMATIVE DEFENSE 9 [Consent] 10 37. As and for a thirty-fifth, separate and affirmative defense to the Complaint, and to 11 each purported cause of action contained therein, this answering Defendant is informed and believes 12 and based thereon alleges: That each and every cause of action or purported cause of action 13 contained in the Complaint is barred due to the consent by Plaintiff to all actions alleged therein. 14 THIRTY-SIXTH AFFIRMATIVE DEFENSE 15 [Contractual Indemnity] 16 38. As and for a thirty-sixth, separate and affirmative defense to the Complaint, 17 Defendant is informed and believes, and thereon alleges, that Co-Defendant, driver, is contractually 18 obligated to defend, indemnify and hold Defendant harmless for all claims asserted by Plaintiff. 19 THIRTY-SEVENTH AFFIRMATIVE DEFENSE 20 [Arbitration Agreement] 21 39. As and for a thirty-seventh, separate and affirmative defense, this answering 22 Defendant is informed and believes and thereon alleges this dispute is subject to an arbitration 23 agreement between Plaintiff and this answering Defendant, such that this matter is properly brought 24 before a qualified arbitrator rather than in the instant court. 25 THIRTY-EIGHTH AFFIRMATIVE DEFENSE 26 [No Seatbelt Usage] 27 40. As and for a thirty-eighth, separate and affirmative defense to the Complaint, and to 28 each purported cause of action therein, this answering Defendant is informed and believes, and 11 DEFENDANT RASIER-CA, LLC’S ANSWER TO COMPLAINT 2409000v.1 1 thereon alleges: Plaintiff’s recovery is barred or proportionately reduced due to her failure to wear 2 the available restraining device or to wear it properly. 3 THIRTY-NINTH AFFIRMATIVE DEFENSE 4 [Reserved Defenses] 5 41. As and for a thirty-ninth, separate and affirmative defense to the Complaint, and to 6 each purported cause of action contained therein, this answering Defendant is informed and believes 7 and based thereon alleges: That this answering Defendant presently has insufficient knowledge or 8 insufficient information upon which to form a belief as to whether it may have additional, yet 9 unasserted, affirmative defenses. Defendant therefore reserves the right to assert additional 10 affirmative defenses in the event discovery indicates it would be appropriate. 11 WHEREFORE, this answering Defendant prays for judgment as follows: 12 1. That Plaintiff takes nothing by virtue of Plaintiff’s Complaint; 13 2. For costs of suit incurred herein; and 14 3. For such other and further relief as the court may deem just and proper. 15 16 Dated: August 6, 2020 WILSON, ELSER, MOSKOWITZ EDELMAN & DICKER LLP 17 18 By: ________________________________ 19 Beth I. Golub, Esq. Jimmy S. Ly, Esq. 20 Attorneys for Defendant RASIER-CA, LLC 21 22 23 24 25 26 27 28 12 DEFENDANT RASIER-CA, LLC’S ANSWER TO COMPLAINT 2409000v.1 PROOF OF SERVICE 1 Navarro-Diaz, et al v. Uber Technologies, Inc., et al. 2 At the time of service I was over 18 years of age and not a party to this action. I am employed by WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP. My business 3 address is 525 Market Street, 17th Floor, San Francisco, California 94105. My business telephone number is (415) 433-0990; my business fax number is (415) 434-1370. On this date I served the 4 following document(s): 5 DEFENDANT RASIER-CA, LLC’S ANSWER TO COMPLAINT 6 on the person or persons listed below, through their respective attorneys of record in this action, by the following means of service: 7 : BY MAIL - As follows: I am “readily familiar” with the firm’s practice of collection and 8 processing correspondence for mailing. Under that practice it would be deposited with the U.S. Postal Service on that same day with postage thereon fully prepaid at San Francisco, 9 California in the ordinary course of business. The envelope was sealed and placed for collection and mailing on this date following our ordinary practices. I am aware that on 10 motion of the party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit. 11 : EMAIL TRANSMISSION - The above-referenced document(s) are only being served by 12 email due to the ongoing shelter-in-place and travel restrictions relating to the coronavirus (COVID-19). We will of course extend the same courtesy to your office. Please immediately 13 advise of any objections, and we will serve hard copies upon request. Our attorneys and staff are reachable through their regular phone numbers and email addresses, and the office 14 remains open on a remote basis during regular business hours. : BY ELECTRONIC TRANSMISSION – By causing the document(s) listed above to be 15 electronically filed and served on designated recipients through the Electronic Case Filing system for the above-entitled case. The file transmission was reported as successful and a 16 copy of the Electronic Case Filing Receipt will be maintained with the original document(s) in our office. 17 18 Executed on August 6, 2020 at San Francisco, California. I declare under penalty of perjury 19 under the laws of the State of California, that the above is true and correct. 20 21 22 Michelle Bryant 23 24 25 26 27 28 13 DEFENDANT RASIER-CA, LLC’S ANSWER TO COMPLAINT 2409000v.1 SERVICE LIST 1 Greg Schaffer, Esq. 2 The Swanson Law Group 1798 Technology Drive, Suite 202 3 San Jose, CA 95110 Tel.: 408-501-7800 4 Fax: 408-501-7810 greg@theswansonlawgroup.com 5 Counsel for Plaintiffs 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 14 DEFENDANT RASIER-CA, LLC’S ANSWER TO COMPLAINT 2409000v.1